EKWaterBlocks responds to Aquatuning licence claims

The EK Supreme waterblock is at the centre of the dispute with its jet-microfins also appearing on competitors products

EKWaterBlocks has released a statement in response to Aquatuning's recent claims that is hasn't paid licence fees for various products.

The water-cooling hardware manufacturer claims much of the technology that was under licence was already in use by other companies that weren't paying royalties but were still allowed to sell through Aquatuning's webshops.

It also cites that it has invested its own time and money in development of newer models, while regretting Aquatuning's decision to stop selling its products and apologising to customers, and promises new and exciting products in the future.

We're keen to stay on the sidelines for obvious reasons but the press release reads as follows:
Yesterday on the 17th of May 2013, Aquatuning went public with a press release regarding EKWB. EKWB feels obliged to share more information on that subject to put things into the right perspective.

Regarding development of many products:

EKWB has a know-how agreement with Aquatuning with annexes for three products on it (EK Supreme, EK Supreme LT, EK-BAY Spin Reservoir). One is still effective and EKWB is paying fees. Procedures regarding products were as follows:

1. EK Supreme: The know-how that EKWB got for EK Supreme was a simple drawing done while meeting with Aquatuning. The drawing included basic principle of »jet-microfins«. All research and development to make the EK-Supreme the number one CPU waterblock on the market at that time was done by EKWB in the following eight months. As we realized only after signing the agreement, similar products were already on the market, so the principle was nothing new. Please see product 1 from year 2005, and product 2, product 3 and product 4 from even more recent time frames. EKWB had been paying fees as agreed upon for more than 3 years.

2. EK Supreme LT: In the meantime, EKWB developed further EK Supreme models with their own resources. Supreme LT, which is quite a side step from original EK-Supreme, was developed entirely in EKWB R&D. The concept of simple micro-fins was also around before this time. As EKWB went with the name Supreme LT, EKWB took its own initiative and signed annex to the agreement.

3. EK-BAY Spin Reservoir: Annex for EK-BAY Spin Reservoir was also signed after a drawing with the basic principles. It is still currently effective.

Regarding critical events in cooperation:

Aquatuning started to sell products from competitors which were using the same cooling engine »jet-microfins«, that EKWB was paying know-how fees to Aquatuning. There were numerous attempts from management team of EKWB to somehow resolve discrepancy with no avail. Furthermore, Aquatuning went on and copied the EK Reservoir: EK-MULTIOPTION RES Rev 2. – Aquatuning Phobya Balancer. EKWB sent inquiries regarding know-how fees on this product to Aquatuning, but the answer from Aquatuning was that there are many reservoirs that look nearly the same.

After EKWB finished the contract, Aquatuning began to sell their own UC-1 CPU Water Block made on the principles of »jet-microfins«. After that, Aquatuning pressed EKWB for royalties. As of December 2012, Aquatuning almost totally stopped with orders. Contradictory to this, Aquatuning continued putting new EKWB products on their site with delivery dates, even though there were no orders for those items. Aquatuning also put delivery dates of EKWB products that were out of stock, and not re-ordered from EKWB. As this situation was becoming a bit strange with no orders and goods and dates on Aquatuning site, EKWB asked Aquatuning to start ordering again or stop ordering at all.

Today's press release is a conclusion to this matter. EKWB's intention was never to terminate the contract. EKWB just wanted both parties to stick to the same principals. We regretfully have accepted the decision of Aquatuning. We apologize that our users and fans have been bothered with this event, this is EKWB's first and last press release on this subject. We are looking forward to sharing exciting and new products coming in the near future from EKWB.

Wow, cow fight goes press release, very apple and Samsung... Get a grip and pay what you owe, and don't punch the big fish because it's worth more than the little fish. This has to be pretty embarrassing for everyone. Reckon it's related to something outside of this incident?

And keep in mind both parties have a group of accountants and lawyers - who means 'reason' jumps out of the 10th floor window and 'this type of thing' gets a seat at the top table of both parties.

Its not pretty. Doesnt help the customer. Exactly like Samsung and Apple (except one of those is a closed environment, hardware, tread on and destroy anyone who dares to try and make money off our stuff - company).

Its always worth hearing both sides, but in the end, its just gossip over the fence.

Hhmmm...Not sure on this, although it does sound as if EK is admitting to breach of contract, more or less. Even if they found competing items in the market, they agreed to pay licensing fees to AquaTuning. Sounds like maybe EK negotiated a bad contract - if it was perpetual and there were no outs...that's sort of their own fault for not having better lawyers, sorry to say.

Sounds like there's might be some dirt on AT's side, too, though, as regards the reservoir. Too bad EK couldn't press on that to get out of what they perceived to be an unfair deal on blocks.

Sadly, there's a lot to be said for hiring good lawyers these days. Otherwise you get shafted.